Workers' Compensation
If you’ve been injured, let us help fight for your compensation.
Workers' Compensation
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If I suffer an injury while at home recovering from a work injury, may I recover workers’ compensation for the second injury?
It depends on whether the second injury resulted from an independent, intervening cause. If you innocently aggravate your work injury or suffer an injury because of the work injury, you can get workers’ compensation benefits for the second injury. If the second injury is totally unrelated to your work injury, workers’ compensation does not cover…
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Can an undocumented immigrant receive workers’ compensation benefits in New Jersey?
Yes. An immigrant, whether documented or undocumented, can recover workers’ compensation if injured within the scope of their employment in New Jersey. Despite the fact that federal law makes it illegal to employ a person not authorized to work in the United States, an undocumented immigrant is entitled to full benefits under the New Jersey…
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Can an employee recover workers’ compensation for an idiopathic injury?
No. An employee cannot recover workers’ compensation for an idiopathic injury, an injury with an unknown cause. An example would be if an employee is walking at work and turns their ankle for no reason. A requirement for a workers’ compensation claim is that the injury arises out of the employment. Just being at work…
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Does an employee’s intoxication at the time of an injury bar their recovery of workers’ compensation in New Jersey?
Maybe. An employee’s intoxication can bar their recovery of workers’ compensation in New Jersey, but the defense is hard to prove. The employer must show that the injured employee was intoxicated at the time of the injury. This can be done with blood or urine analysis. For an intoxication defense to succeed, more than just…
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Will I lose my job if I file a workers’ compensation claim?
If you have been injured at work you may be nervous to file a worker’s compensation claim because you fear losing your job. However, it is illegal for your employer to fire or otherwise discriminate against you for reporting an injury under New Jersey’s Workers’ Compensation Statute. You can file a complaint with the Division…
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Who determines the New Jersey workers’ compensation benefits I receive?
Your claim will be investigated by your employer’s workers’ compensation insurance company (or by your employer if they is self-insured). They will determine your benefits. You can file a claim with the Division of Workers’ Compensation if you do not agree with their decision.
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Who determines the New Jersey workers’ compensation benefits I receive?
Your claim will be investigated by your employer’s workers’ compensation insurance company (or by your employer if they is self-insured). They will determine your benefits. You can file a claim with the Division of Workers’ Compensation if you do not agree with their decision.
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Can I get workers’ compensation when a co-worker assaults me?
It depends. Whether you can recover compensation depends on the nature of the assault. If the assault arose out of a personal dispute between you and the co-worker, then you cannot recover compensation. For example, the co-worker may have carried a grudge against you that arose outside of work. On the other hand, if the…
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Can an employer’s intentional violation of a federal safety rule impact a workers’ compensation claim?
Maybe. If the injured employee can show an intentional tort or wrongdoing by the employer, the employee can file a tort or personal injury lawsuit against the employer. Normally, the employee is limited to a workers’ compensation claim against the employer. In the workers’ compensation claim, the employee is limited to the amount of lost…
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How long do I have to wait before I receive benefits from my employer or their insurance carrier?
After you have been injured at work you may need to wait for some benefits to begin. Medical benefits should start immediately, so any medical expenses related to the work injury will be paid by your employer or their insurance. Non-medical benefits may take more time. Your claim must be fully accepted and approved before…